This is a contract between us, LegalZoom.com, Inc. (“LegalZoom”) and
you, (the “Primary Member”), for the Legal Plan services described
below, including Business Advantage Pro and/or Legal Advantage Plus
(sometimes described as Advisory Services and collectively referred
to as the “Legal Plans”). In addition to the LegalZoom.com, Inc.
(“LegalZoom”)
Terms of Use
, that govern your use of the LegalZoom website, and LegalZoom
Terms of Service
, this contract (the “Agreement”) constitutes a legal agreement
between you and LegalZoom detailing the terms of your use of the
Legal Plans. This Agreement is effective as of the date you accept
its terms by purchasing a Legal Plan membership or accepting a free
trial thereof (the “Effective Date”). If you sign up for a Legal
Plan, you accept these terms, conditions, limitations, and
requirements. Please read this Agreement carefully.
PLEASE NOTE - If you are using a 7-Day free trial, your trial
membership is not subject to the payment or renewal terms enumerated
in Section 8(a)-8(d) of this Agreement. Should you wish to continue
membership in a Legal Plan following the expiration of a 7-Day free
trial, you must enroll in a full membership by following the
instructions provided in your confirmation email.
THE LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX,
OR OTHER PROFESSIONAL ADVICE OR SERVICES.
1. Legal Plan Membership.
We reserve the right to accept or refuse membership in our
discretion. You may not transfer or assign your Legal Plan or these
benefits;
provided, however,
that a Business Advantage Pro Primary Member may extend
coverage to his or her designated business, and a Legal Advantage
Plus Primary Member may extend coverage to his or her Eligible
Family Members (as defined below) (together with the Primary Member,
each a “Plan Member” and collectively the “Plan Group”). The
“Effective Date” for each Plan Member other than the Primary Member
shall be the date on which the Primary Member elects to extend
coverage to such Plan Member.
a. For the purposes of this Agreement, the term “Eligible Family
Member” shall include:
(i) The Primary Member's spouse or domestic partner;
(ii) Any dependent who is under the age of 26;
(iii) Any dependent child, regardless of age, who is incapable of
sustaining employment by reason of mental or physical disability;
and
(iv) Any dependent individuals living in the Primary Member's home,
such as a parent or grandparent.
Each Eligible Family Member to whom you extend coverage under this
contract is bound by the terms of this contract.
2. Benefits of Legal Plans.
The Legal Plans provide the following benefits.
a. Membership in a Legal Plan provides the following benefits
(collectively, the “Plan Benefits”):
(i) Telephone consultations with a participating firm (the “Firm”),
during normal business hours, of up to one half (1/2) hour each, and
up to one hour of time researching the topic of the consultation,
limited to one consultation per Plan Group for each new legal matter.
If the Firm determines after the initial consultation that a letter
would be of further assistance to a Plan Member, such Firm, in its
sole discretion, may provide, at no additional charge one letter of up
to two (2) pages on the Plan Member's behalf. Telephone consultations
may not include discussion of any of the following:
2. Legal Advantage Plus Plan Members may not consult about matters
related to any Plan Member's business. Business coverage is provided
in the Business Advantage Pro membership.
(ii) Review by the Firm of legal documents of up to ten (10) pages,
limited to review of one (1) document per Plan Group for each new
legal matter. The Firm shall provide one (1) telephone consultation
about the reviewed document, during normal business hours, and advise
the Plan Member on any areas of concern and the legal implications of
those provisions and their conformity to state and federal law. The
Firm shall provide a written summary of such consultation.
(iii) Once during each membership year, the Primary Member shall be
entitled to a legal check-up (the “Legal Check-Up”). The Legal
Check-Up is intended to provide the Primary Member with an (a)
assessment of his or her legal profile and recommendations based on
significant issues or gaps or (b) update of a previous Legal Check-Up
considering changes in life, circumstances, legal profile, and
applicable law. The Legal Check-Up shall include a telephone
consultation, during normal business hours, of up to one (1) hour to
discuss the Primary Member's legal portfolio, potential updates over
the previous year, and recommendations. The Firm shall provide a
written summary of the consultation and any recommendations to the
Primary Member's legal documents or strategies. The Legal Check-Up
shall become available to a Primary Member only after six (6) months
of membership in the Legal Plan;
(iv) If a Plan Member engages the Firm for services that are not
included in the Plan Benefits described in subsections (c)(i) -
(c)(iii) above, the Firm shall provide such legal services at a
twenty-five (25%) discount from such Firm's standard rates for
representation, as such rates are reported to LegalZoom;
(v) Nothing in the Legal Plans or this Agreement shall be construed to
limit the right of a Plan Member to retain, at his or her own expense,
an unaffiliated attorney. LegalZoom shall not be obligated to pay for
any such services.
b. Please note that LegalZoom does not provide legal services.
Attorneys made available through Legal Plans are third-party
independent contractors who agree to provide legal services directly
to you, not through LegalZoom, via a separate retention agreement
between you and the attorney. Their contact information is provided as
advertising. The attorneys have agreed to provide complimentary,
thirty-minute consultations related to subject matters about which
they represent that they are qualified in jurisdictions where they are
admitted to practice. A conflict check will apply. They may require
you to meet at their office or another location convenient to them or
may require a telephonic consultation. LegalZoom will not select an
attorney for you. LegalZoom makes no guarantees as to the substance of
the attorney's advice.
3. Additional, Non-Legal Plan Benefits
.
a. Separate from and in addition to the Plan Benefits defined above,
customers who purchase the Business Advantage Pro plan may also
receive a Business Advantage Standard subscription and the ability
to use our website to file one LegalZoom Copyright per month (filing
fees charged separately). If your purchase includes a Business
Advantage Standard subscription, such subscription is governed by
LegalZoom’s Supplemental Terms of Service for Subscriptions and
Third Party Services
.
4. Exclusions; Conflicts.
a. The following items and matters are specifically excluded from the
Legal Plans, and are not to be considered or treated as Plan
Benefits:
(i) Any action that directly or indirectly involves LegalZoom.com,
Inc. or any of its affiliates, directors, agents, or employees;
(ii) Any action that directly or indirectly involves any Firm
providing legal services under the Legal Plans;
provided, however,
that a Firm may, at its sole discretion and risk, represent a Plan
Member in a matter in which another affiliated Firm is representing
another party as legal counsel;
(iii) For employer-sponsored Legal Plans, any action by a Plan Member
of such program that directly or indirectly involves his or her
employer sponsor;
(iv) Any adversarial action by a Plan Member that directly or
indirectly involves any other Plan Member in any Plan Group;
(v) Any action based on acts or occurrences that are alleged to have
occurred or conditions that were reasonably anticipated or
foreseeable before the Plan Member's enrollment that did or may give
rise to a lawsuit by or against such Plan Member;
provided, however,
that the Firm may, in its sole discretion and at its own risk,
disregard this exclusion;
(vi) Any action that resulted in the prior recruitment or retention
by the Plan Member of another attorney;
provided, however,
that the Firm may, in its sole discretion and at its sole risk,
disregard this exclusion;
(vii) Any matter involving the laws of jurisdictions outside of the
United States or its subdivisions;
(viii) Any appeal to an appellate court (i.e., not a trial
court);
provided, however,
that the Firm may, in its sole discretion and at its sole
risk, disregard this exclusion;
(ix) Any matter that, in the Firm's opinion, is frivolous in nature or
objective; or
(x) Any case matter or requested service that is determined by the
Firm to lack sufficient merit to warrant pursuit, or that the Firm
decides has been raised an inordinate or unreasonable number of times
without a change in circumstances.
b. If the interests of the Primary Member of a Plan Group are adverse
to those of another Plan Member in that same Plan Group, only the
Primary Member is entitled to receive the applicable Plan
Benefits.
5. Not Insurance.
The Legal Plans offered through LegalZoom are not contracts of
insurance or indemnification insurance plans, and are not regulated
as such. LegalZoom is not an insurance company and does not
guarantee legal representation in every situation. The Legal Plans
provide LegalZoom's customers with access to free and discounted
legal services from member Firms. LegalZoom does not reimburse or
indemnify any Plan Member or pay any Firm for attorney fees or
expenses. LegalZoom makes no payments to Firms in Florida, Georgia,
and Massachusetts.
6. Use.
You acknowledge that LegalZoom may establish general practices and
limits concerning use of its Legal Plans, including without limitation
the maximum number of complimentary attorney consultations you may
receive in a given period of time related to one or all
subjects.
b. Right to Change Practices.
You acknowledge that LegalZoom reserves the right to change these
general practices and limits at any time, in its sole discretion, with
or without notice. However, you have the right to cancel your
membership should we materially decrease benefits.
c. Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that
may occur through your use of a Legal Plan. You must immediately alert
us of any fraudulent, unauthorized, illegal, or suspicious use of a
Legal Plan, or any other breach of security or unauthorized or illegal
activity that you reasonably suspect.
7. Authority to Enter Agreement.
If you are entering into this Agreement on behalf of a company
or other legal entity, you represent that you have the legal
authority to bind such entity to these terms, in which case the
terms “you” or “your” shall refer to such entity. If you do not have
such authority or if you do not agree with this Agreement, you may
not sign up for or use any Legal Plan. If after your purchase we
find that you do not have authority to bind the entity for which you
ordered, you will be personally responsible for the obligations in
this Agreement and the order you placed, including without
limitation, the payment obligations. We are not liable for any loss
or damage resulting from our reliance on any instruction, notice,
document or communication, reasonably believed by us to be genuine
and originating from an authorized representative of your company.
If there is reasonable doubt about the authenticity of any such
instruction, notice, document, or communication, we may, but are not
obliged to, require additional authentication from you.
8. Payment.
a. Legal Plan Membership Fees.
You will be charged in accordance with the billing terms in effect
at the time of your initial purchase, unless you are notified of a
fee change in accordance with “Fee Adjustments” below. For any Legal
Plan you purchase that is charged in full upon purchase, you agree
that for each renewal term for such Legal Plan, the amount due for
the next term will be due and immediately payable in full as of the
first day of that renewed term. For each Legal Plan, your charge
remains for each term no matter if you access the Site during that
term. In other words,
EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN
ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY PLAN MEMBERSHIP FEES UNTIL
YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED.
For more information regarding canceling your Legal Plan
subscription, see the “Termination or Cancellation” section
below.
To allow payment for the initial term of a Legal Plan, valid credit
card information is due at the time of purchase.
If you have purchased an automatic renewing plan from LegalZoom, your
Legal Plan subscription will renew automatically at the end of the
initial term (the “Billing Date”) and at the end of each term
thereafter unless and until you give notice of your intention to
terminate your Legal Plan subscription pursuant to the terms of this
Agreement. If you do not give us notice of such intention, your credit
card will be charged for the renewal term of your Legal Plan
subscription on your Billing Date. If your purchase date is on the
29th through 31st day of any month, your Billing Date for renewals in
months with fewer days will fall on the last day of the month.
LegalZoom may adjust your Billing Date in subsequent renewal periods
without notice. This will be reflected by a charge to your account on
a pro-rated basis according to the number of days that have passed
since the Billing Date of your latest renewal charge. Unless otherwise
notified in advance by LegalZoom pursuant to this Agreement, the
renewal charge will be equal to the original purchase price for the
Legal Plan
You agree to pay LegalZoom the fees associated with your Legal Plan
subscription. Additional discounts may be available for members
purchasing multiple months up front, as part of certain promotions
which may include additional terms and conditions presented with the
offer, or where limited by law. A schedule of fees for the Legal Plan
subscriptions is set forth below:
Business Advantage Pro membership: $29.99 per month
Legal Advantage Plus membership: $14.99 per month
c. Notice of Automatic Renewal.
If applicable, we will send a reminder email to the email address of
record for your account approximately one week before your Billing
Date. You acknowledge and agree that this notice is provided as a
courtesy only, and we are not obligated or required to provide such
notice. You acknowledge and agree that (i) your failure to read, (ii)
inability to receive, or (iii) the failure of LegalZoom to send the
email does not create any liability on the part of LegalZoom or any
third-party service provider.
d. Promotional Trial Memberships.
We sometimes offer certain customers various trial or other
promotional memberships, which are subject to this Agreement except
as otherwise stated in the promotional offers.
AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL
BY CALLING 877-657-8787, YOUR LEGAL PLAN MEMBERSHIP WILL RENEW
AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR
INITIAL TERM.
Fees for non-complimentary attorney services provided pursuant to a
Legal Plan membership shall be paid directly to the providing Firms.
Participating Firms and attorneys are not employees or agents of
LegalZoom, and have no financial obligation to LegalZoom.
9. Fee Adjustments.
LegalZoom may increase its fees for any Legal Plan membership
effective the first day of a renewal term by giving you notice of
the new fees at least thirty (30) days before the beginning of the
renewal term. If you do not cancel your membership pursuant to
Section 11, you shall be deemed to have accepted the new fee for
that renewal term and any subsequent renewal terms (unless the fees
are increased in the same manner for a subsequent renewal term).
Reductions in fees become effective on the next renewal term without
any pro rata for the period covered under the prior fee
schedule.
10. Termination or Cancellation.
(i) If payment is not made on the Billing Date, as described in
Section 8 above, you will have until the one (1) month anniversary of
your Billing Date (in Texas and Massachusetts, this grace period will
be thirty-one (31) days) to correct the credit card information on
file and post a payment to your account. If after the expiration of
this grace period you have not made any payment on your Legal Plan
membership, your non-payment may result in suspension of service and
subsequent termination of your Legal Plan membership.
(ii) Your right to use a Legal Plan membership is subject to any
limits established by LegalZoom or by your credit card issuer. If
payment cannot be charged to your credit card or your charge is
returned for any reason, including through a chargeback, LegalZoom
reserves the right, in its sole and absolute discretion, to suspend or
terminate your access and account, thereby terminating this Agreement
and all obligations of LegalZoom hereunder. If a charge made to your
credit card is declined, LegalZoom may make up to five (5) attempts to
bill that card over a thirty (30) day period.
(iii) If you wish to reactivate your account after such termination,
there will be no setup or reactivation fees;
provided, however,
accounts terminated for non-payment will be reactivated only on
receipt of the full amount past due and a written request to
reinstate the account. When an expired account is reactivated, the
new term begins on the date of reactivation.
(i) After you have received this Agreement in your Member Center, you
have ten (10) days in which to examine it. If during this period you
decide that you are not satisfied with the Agreement, you may return
the Agreement to us and have any prepaid amounts refunded. If the
Agreement is returned and you have not sought legal services pursuant
hereto within this time period, the Agreement shall be void from the
beginning and the parties shall be in the same position as if this
Agreement had not been issued.
(ii) You will have the right to cancel your Legal Plan membership by
calling our Customer Care Center at (800) 773-0888 or by cancelling
online through the “My Account” portal. After such cancellation, your
Legal Plan will remain active until the end of then-applicable period.
c. Services after Termination.
After termination of your Legal Plan membership, either by you or by
LegalZoom, you will not be able to access the corresponding Legal
Plan offerings;
provided, however,
that any access rights to a Legal Plan granted you through a
separate channel (e.g., through another Legal Plan membership) will
remain in full force and effect unless and until separately
terminated or cancelled.
11. Dispute Resolution.
The parties agree to arbitrate all disputes and claims
pursuant to the
Terms of Service
of LegalZoom.com. A Plan Member has the right to file a
complaint with his or her state's bar association concerning the
conduct of an affiliated attorney under the Legal Plan.
12. Professional, Independent Attorney Judgment.
Attorneys performing legal services for Legal Plan Members
under the terms of this Agreement are not agents or employees of
LegalZoom. Any attorney rendering legal services to Plan Members
under a Legal Plan shall maintain the attorney-client relationship
with the Plan Member, and is solely responsible to the Plan Member
for all legal services provided. It is within the sole discretion of
the attorney to determine whether claims or defenses pertaining to
any matter under this Agreement present a frivolous or otherwise
unmeritorious claim or defense. Participating attorneys reserve the
right to make independent professional judgments regarding such
presentations. LegalZoom will in no way influence or attempt to
affect the rendering of professional services of the participating
attorneys.
13. Internal Revenue Service (IRS) Circular 230 Tax Advice
Disclosure.
To ensure compliance with requirements imposed by the IRS
under Circular 230, we inform you that any U.S. federal tax advice
contained in any communication from LegalZoom (including information
provided by a Firm or an attorney offering a free consultation) is
and was not intended or written to be used, and cannot be used, for
the purpose of (1) avoiding penalties under the Internal Revenue
Code or (2) promoting, marketing, or recommending to another party
any matters addressed therein.
14. Non-English-Speaking Customers
. Non-English translations of these Terms, as well as other terms,
conditions, and policies, are provided for convenience only. In the
event of any ambiguity or conflict between translations, the English
version is authoritative and controls.
a. Notice to Indiana Residents: A Plan advisory group meets regularly
to evaluate the operation of the Legal Plans and suggest improvements.
The Legal Plans comply with Indiana Supreme Court Admission and
Discipline Rule 26. However, satisfaction of the conditions under that
rule shall not be construed as an approval of the Legal Plans by the
Supreme Court of Indiana.
b. Notice to Michigan Residents: Each consultation provided under
sections 2(a)(i) and 2(a)(ii) will include a written summary of said
consultation delivered by email.
c. Notice to New Jersey Residents: The LegalZoom Business Legal Plan
is a registered legal service plan with the New Jersey Administrative
Office of the Courts, registration #NJ-2017-06-291. The LegalZoom
Personal Legal Plan is a registered legal service plan with the New
Jersey Administrative Office of the Courts, registration
#NJ-2017-06-292.
d. Notice to New York Residents: New York residents will be charged an
additional $19.99 for any letter of up to two (2) pages drafted by the
attorney pursuant to the Benefits of Legal Plans, which reflects the
cost of rendition plus a reasonable overhead. Any such letter provided
will not include representation by the firm in matters contained
therein. Should Member desire a letter in which firm provides such
representation, member may request such services at a discounted rate
as described under Benefits of Legal Plans.
e. Notice to North Carolina Residents: Membership is intended to be
paid for in advance of any immediate need for the specified legal
services.
g. Notice to Texas Residents: LegalZoom's Legal
Plans are regulated by the Texas Department of Licensing and
Regulation, which can be contacted by telephone at (800)-803-9202 or
by email at CS.Legal.Service.Contracts@license.state.tx.us. All Legal
Plans are provided and administered by LegalZoom.com, Inc., 954 Villa
Street, Mountain View, CA, 94041.
